Bill A8477-2011

Requires written request and review of proposed reductions in the level of fire services

Requires written request, including environmental impact statement, and review by community boards, borough presidents and the council of proposed reductions in the level of fire services, including closure of firehouses or removal or relocation of fire fighting units.

Actions

Text

STATE OF NEW YORK
________________________________________________________________________
8477
2011-2012 Regular Sessions
IN ASSEMBLY
June 17, 2011
___________

Introduced by M. of A. BRAUNSTEIN, MARKEY, CRESPO, SIMOTAS, MAISEL,
COLTON, ABBATE -- Multi-Sponsored by -- M. of A. DINOWITZ, LENTOL,
MENG, M. MILLER, MILLMAN, PERRY, P. RIVERA, SCARBOROUGH, TITONE --
read once and referred to the Committee on Cities
AN ACT to amend the New York city charter and the administrative code of
the city of New York, in relation to requiring written request and
review of proposed reductions in the level of fire services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 487 of the New York city charter,
as amended by local law number 40 of the city of New York for the year
1989, is amended to read as follows:
a. The commissioner shall have sole and exclusive power and perform
all duties for the government, discipline, management, maintenance and
direction of the fire department and the premises and property in the
custody thereof, however, the commissioner shall [provide written notice
with supporting documentation at least forty-five days prior to the
permanent closing of any firehouse or the permanent removal or relo-
cation of any fire fighting unit to the council members, community
boards and borough presidents whose districts are served by such facili-
ty or unit and the chairperson of the council's public safety committee.
For the purposes of this section, the term "permanent" shall mean a time
period in excess of six months. In the event that the permanent closing
of any firehouse or the permanent removal or relocation of any fire-
fighting unit does not occur within four months of the date of the writ-
ten notice, the commissioner shall issue another written notice with
supporting documentation prior to such permanent removal or relocation.
The four months during which the written notice is effective shall be
tolled for any period in which a restraining order or injunction prohib-
iting the closing of such noticed facility or unit shall be in effect]
BE REQUIRED TO COMPLY WITH THE PROVISIONS OF SECTION 15-129 OF THE

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11836-02-1

A. 8477 2

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK WITH RESPECT TO CERTAIN
PROPOSED REDUCTIONS OF FIRE SERVICES.
S 2. The administrative code of the city of New York is amended by
adding a new section 15-129 to read as follows:
S 15-129. REDUCTION OF FIRE SERVICES; PRIOR APPROVAL REQUIRED. A. THE
COMMISSIONER SHALL PROVIDE WRITTEN REQUEST WITH SUPPORTING DOCUMENTATION
PRIOR TO THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE PERMANENT REMOVAL
OR RELOCATION OF ANY FIRE FIGHTING UNIT TO THE COUNCIL MEMBERS, COMMUNI-
TY BOARDS AND BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY SUCH
FACILITY OR UNIT AND THE CHAIRPERSON OF THE COUNCIL'S PUBLIC SAFETY
COMMITTEE. FOR THE PURPOSES OF THIS SECTION, THE TERM "PERMANENT" SHALL
MEAN A TIME PERIOD IN EXCESS OF SIX MONTHS.
B. THE WRITTEN REQUEST, REQUIRED BY SUBDIVISION A OF THIS SECTION,
SHALL INCLUDE AN ENVIRONMENTAL IMPACT STATEMENT, WHICH SHALL ADDRESS,
BUT SHALL NOT BE LIMITED TO:
(1) CURRENT AND PROJECTED RESPONSE TIMES OF THE SUBJECT FIREHOUSE OR
FIRE FIGHTING UNIT, WHICH SHALL MEAN THE SUM OF DISPATCH TIME AND TRAVEL
TIME IN RESPONSE TO A CALL DIRECTED TO THE FACILITY OR UNIT, FOR THE
AREA AFFECTED BY CLOSURE, WHICH MUST INCLUDE GEOGRAPHIC AND TRAFFIC
ANALYSES AS THEY EFFECT RESPONSE TIMES;
(2) CURRENT AND PROJECTED ALLOCATION OF RESOURCES, INCLUDING STAFFING
LEVELS, FOR THE FIREHOUSES OR FIRE FIGHTING UNITS IN THE DISTRICT OR
DISTRICTS SERVED BY THE FACILITY OR UNIT WHICH IS PROPOSED TO BE CLOSED,
REMOVED OR RELOCATED; AND
(3) DISTANCE OF OTHER FIREHOUSES OF FIRE FIGHTING UNITS IN THE AREA
AFFECTED BY CLOSURE.
C. THE PROPOSED CLOSURE, REMOVAL OR RELOCATION SHALL BE SUBJECT TO
CONSECUTIVE THIRTY DAY REVIEW PERIODS BY THE COMMUNITY BOARDS AND
BOROUGH PRESIDENTS WHOSE DISTRICTS ARE SERVED BY THE SUBJECT FIREHOUSE
OR FIRE FIGHTING UNIT.
(1) IF ANY OR ALL OF THE AFFECTED COMMUNITY BOARDS OR BOROUGH PRESI-
DENTS SUPPORT THE PROPOSAL, THE COUNCIL WILL BE GIVEN A THIRTY DAY PERI-
OD TO REVIEW THE PROPOSAL AND A MAJORITY VOTE WILL BE REQUIRED TO
APPROVE THE MEASURE;
(2) IF ALL OF THE AFFECTED COMMUNITY BOARDS AND BOROUGH PRESIDENTS
OPPOSE THE PROPOSAL, THE COUNCIL WILL BE GIVEN A THIRTY DAY PERIOD TO
REVIEW THE PROPOSAL AND A TWO-THIRDS MAJORITY VOTE WILL BE REQUIRED TO
APPROVE THE MEASURE.
D. IN THE EVENT THAT THE PERMANENT CLOSING OF ANY FIREHOUSE OR THE
PERMANENT REMOVAL OR RELOCATION OF ANY FIRE FIGHTING UNIT DOES NOT OCCUR
WITHIN FOUR MONTHS OF THE DATE OF APPROVAL AFTER REVIEW, IN THE MANNER
PROVIDED BY SUBDIVISION C OF THIS SECTION, THE COMMISSIONER SHALL ISSUE
ANOTHER WRITTEN REQUEST WITH SUPPORTING DOCUMENTATION PRIOR TO SUCH
PERMANENT CLOSURE, REMOVAL OR RELOCATION. THE FOUR MONTHS DURING WHICH
THE APPROVAL IS EFFECTIVE SHALL BE TOLLED FOR ANY PERIOD IN WHICH A
RESTRAINING ORDER OR INJUNCTION PROHIBITING THE CLOSING OF SUCH FACILITY
OR UNIT SHALL BE IN EFFECT.
S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.